Mr. McCray has extensive experience in the representation of individuals accused of criminal offenses. He is Board Certified in the area of Criminal Law and has a combined total of approximately 4 years employment as a prosecutor with the Grayson County and Bexar County District Attorney Offices. During his years with the District Attorney offices Mr. McCray prosecuted both felony and misdemeanors in both County and District Courts including representation of the State of Texas in both misdemeanor and felony appeals to the Courts of Appeal. Mr. McCray has been in private practice since 1994 representing individuals accused of crimes before both State and Federal Courts. He has trial experience in over 100 jury trials including cases ranging from simple assault, simple theft, juvenile cases, and traffic tickets up to and including capital murder cases.

In choosing a criminal defense attorney consider that the justice system in Texas has a reputation for strict sentencing. According to the Prison Policy Initiative, of the 21 counties in the United States where more than a fifth of the residents are prison inmates, 10 are in Texas. Texas has 254 counties which affects the significance of this statistic. Texas leads the nation in executions by far, with 381 executions from 1976 to 2006. The second-highest ranking state is Virginia, with 94. Given the statistical history of the Texas legal system Mr. McCray recommends choosing an experienced attorney to represent your legal interests.

IF YOU ARE ARRESTED

You still have rights if you are arrested. But what are those rights, and what do they entail?

1. You have the right to remain silent.

2. If you choose to speak, anything you say can and will be used against you in court.

3. If you decide to answer any questions, you may stop at any time and the law requires all questioning to cease.

4. You have a right to consult with your attorney before answering any questions. You have a right to have your attorney present if you decide to answer any questions, and if you cannot afford an attorney, one will be appointed for you by the court without cost to you before any further questions may be asked.

What are your rights after you have been arrested?

• You have a right to know the crime or crimes with which you have been charged.

• You have a right to communicate by telephone with your attorney or family or friend or bondsman as soon after you are brought to the police station as practical. The police have a right to complete their booking procedures before you are allowed to use the telephone.

• May a law enforcement officer detain you without arresting you?
If there is a reasonable suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time. If the officer has reasonable grounds to believe that you are armed or may be dangerous, he or she may conduct a limited pat down of your outer garments for the purpose of detecting weapons. The officer may ask questions pursuant to an investigation. You have a constitutional right not to answer them, but if you refuse to identify yourself, the officer may have grounds to make an arrest. At the conclusion of this temporary detention, the officer must either arrest you or let you go.

• When may you be arrested with a warrant?
A police officer may arrest you at any time if there is a warrant for your arrest or if they have knowledge that a warrant for your arrest has been issued. A police officer must show the warrant to you as soon as possible and inform you of the offense charged.

When may you be arrested without a warrant?

A police officer may make an arrest without a warrant only under certain limited circumstances in Texas. An officer may arrest anyone who commits an offense in the officer's view. An officer may arrest a person if informed by a credible person that a felony has been committed and that the offender is about to escape and there is no time to get a warrant. Examples of felonies include murder, rape, robbery, burglary, and sale of narcotics.

When may you be searched?

If you are arrested in your home, officers may conduct a limited search of the immediate area where you are arrested without a search warrant. They may also check the rest of the house for any accomplices. They may seize any contraband, stolen property, or evidence of a crime discovered in plain view in any portion of the house where the officers have a right to be.

When you are arrested while driving your automobile, the officers may make a limited search of your car at that time for the purpose of discovering weapons that might be used against them. They may not make a general search of your automobile unless there is independent probable cause that the vehicle is carrying evidence of a crime or contraband. If a search is requested by an officer, you are not required to give consent.

What procedures are usually followed when you are arrested?

1. The officer will take you to a police station, jail, or other detention facility.

2. Upon arrival at the jail or shortly thereafter, you will be afforded the opportunity to contact an attorney.

3. You will be advised generally as to the charges against you.

4. You may be required to: participate in a lineup; prepare a sample of your handwriting; speak phrases associated with the crime with which you are charged; wear certain clothes; or give a sample of your hair, blood etc. You should request to have your attorney present during any of these procedures.

5. You may be required to be fingerprinted and photographed.

6. You must be taken before a magistrate (a court official who may exercise some functions of a judge) within a short time of your arrest. The magistrate will inform you of the charge filed against you and your rights.

How do you arrange for a lawyer?

If you are not acquainted with a lawyer and have no lawyer whom you would call, you may contact the State Bar of Texas Lawyer referral and Information Service toll-free at (877) 983-9227.

If you cannot afford a private lawyer, you should advise the judge of this fact at your first appearance or as soon as possible. The judge will ask you some questions to see if you are eligible for the services of an attorney at public expense.

*The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice concerning your situation. Also, please be advised that communications transmitted over the internet may not be secure. To protect privacy and confidentiality please do not transmit such information over the internet.